Energy clusters

For 20 years, the Law Firm has been supporting clients engaged in various energy activities – producers, sellers and distributors of electricity, heat or gas. In connection with the development of dispersed energy industry, apart from the issues of conventional energy generation, our Law Firm also focuses on providing advice on the implementation of RES projects.

We specialise in providing comprehensive services to entities operating on the local energy market, in particular including those forming energy clusters. We support Clients in seeking and achieving benefits in a selected model of functioning of the local energy community.

We draft documentation required to establish an energy cluster. We assist in selecting the right legal form of the coordinator and determining the rules of cooperation between individual cluster members. We draft any necessary corporate and organisational documents related to the coordinator’s activities, including the implementation of ownership and structural changes, provision of advice on employee matters, drafting of contracts concluded by the coordinator to secure the interests of the cluster and its members. Our specialists solve problems in the field of tax law. We advise on issues related to personal data protection (GDPR) and intellectual property rights.

We verify organisational structures and instruments of incorporation of the existing clusters. Our lawyers help to streamline operations and improve the efficiency of cooperation within the cluster. We identify and attempt to eliminate any legal restrictions on the use of the cluster’s energy potential. The Law Firm verifies the admissibility of amendments to or termination of contracts for the sale of electricity and conditions for using the distribution network in order to optimise the costs of energy production and consumption in the cluster.

We advise on the choice of the forms of financing the cluster’s activities from private funds. Our specialists identify the possibility of obtaining white certificates for planned investment projects and support Clients during the process of obtaining them. We also verify the possibility of participating in energy auctions (RES auctions or capacity auctions). Our Clients are also provided with support in negotiations with investors. We draft documentation regarding financing, including related to capital increases, loans or extensive investment agreements. The documentation drafted by our lawyers includes also implementing agreements to cluster agreements, e.g. agreements aimed at preserving the sustainability of projects financed from public funds and regulating the distribution of burdens and benefits associated with the project implementation in the cluster. We determine legal and tax consequences related to obtaining financing and the method of its settlement.

We provide advice on rules for the legal classification of energy storage devices, the possibility of their connection to the network and the requirements for conducting business activities related to energy storage. Our specialists verify the impact of installation performance on the possibility of participating in energy auctions.

We advise on the development of a model of energy consumption within the cluster. The Law Firm helps to define the legal framework required for the sale of electricity between cluster members. We determine the scope of concession (registration) obligations of both cluster members and coordinator. We also assist in determining the rules for settlements of VAT, excise duty and fees (including the so-called “colours”) charged on the invoice for electricity. Our specialists draft and review contracts for the sale of electricity. We provide legal assistance in conducting business activities related to the sale and trade balancing of consumers, including within the scope of requirements imposed on the electricity supplier towards network distributors.

The Law Firm offers comprehensive support in the preparation and implementation of projects involving the construction of energy infrastructure, including production and electromobility-related installations, by the coordinator or cluster members. We draft and review any materials required during the investment process. Our specialists identify restrictions imposed under construction law, environmental law or energy law in respect of the planned project implementation. We also support producers in various matters related to the day-to-day operation of their installations.